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A SIGNIFICANT CASE. BENTS DISPUTE RE-HEARD. LANDFORD CHARGES SUBTENANT DOUBLE WHOLE HOUSE" REST,
On the application of the defence, are hearing of the case in which Yan Yung Yo, the fans of the first floor of it,
yester
SUPREME COURT.
THE BANK, CASE
THE HONGKONG
The case in which the Yik On Bank bare kuing a Chipes merchant named Yuten. Hank Kiu for the sum of 873,925.28,
alleged to be the balaner of principal and interest dae on money lent, was continued in the Supreme Conft yesterday morning,
before the Chief Justico (Sir William Rees Davies).
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DAILY PRESS, SATURDAY, AUGUST 15TH, 1925.
COURT MARTIAL. YOUNG SOLDIER'S RECORD.
“A record of crime dating franc his boy. houd days when, be rezyed in a reforA~ tory for theft from a gasincter. till yes terday morning when he appeared before as Court Martial at the Murray Barracks on a charge of maining himself with in
tout to render himself unft for duty, was attributed to Private Holstead of the King's Regiment when he appeared before the Military Court.
Bacon,
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Peel Street, niand' his sub-tenant for the an of $77 rent in respect of a portion! of floor, was granted in the Summary
Mr. Alexander H. Patts, of the firm of Court by the Puisne Jadge tili Honar
Benjamin an, Potts, sharebrokers, was Mr. Justice Gompertaj and hengil
The charge against Holstead was one of day afterncon,
the fast witness pat into the box by Mr. shooting himself in his right foot when on When the case originally came up for G., Alabaster, K.l'.,, for the plaintiff, night guard at Wellington Barracks in the
early hours of the morning of June dist. hearing the plaintiff was represented by Mr. Poits stated that ou April 25th, 1922, The Court was composed of Major A. 9. M. M. Watson, and the defendant his firm, through the agency of their L. Cruickshank, D.S.O. (President), Cap- by Mr. M. K. Lo. It transpired that the Chinese breker, sold 400 Ewo Cottons, tain J. M: Collins and Lieutenant W. D.
and Captain Neville, Royal [ plaintiff was tenant of the whole premise|1,400 Shanghai Docks, and 300 Whampoa Marines (aniter instruction), Lieutenant at a monthly ventai of *47 a month, and Docks, on behalf of the Yick On Bank. C. P. More, M.C.. prosecuted, and Lieut was charging the defendant 877 per month. In the case of the Shanghai Docks therenant C. J. Bailey, M.M., appeared as
prisoner's friend for a portion of the premises. Acord was a subsequent capital return, while Lance-Corporal Rigby, guard command. ingly Mr. Lo siced that the Pusine Judge with the Ewo Caltons there were assess the standard rent of the partion rights. As the shares were sold of the Hoor occupied by the defendant.
the rights the price obtained for At the time His Honour reserved judg was the value of the shares plus thus ment, but subsequently decided in favpur additional value of the rights, When the of the plaintiff."Qu the whole," said dropped, and dropped to a greater ex- was raade Shanghai Docks had
His Honour, I think the plaintiff is right and chat the standard cent of this tent than the return. When the bunu portion is the rent at which it was first rights" of the Ewo shares accrued, the let, that is, 877/
shares had started to drop, and had been dropping ever since.
return
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ANOTHER MURDER.
UNKNOWN MAN STABBED TO DEATH IN QUEEN'S ROAD.
Still another murder was commited in the streets of Hongkong on Thursday;
night, when are unknown Chinese sun was attacked in Queen's Road Central, close to the Western Market, by three Chinese and
stableed to death. The murderers surround-
ther man outside. No, dar Queen's Roud Central and he was stabbel twice in the chest nok twice in the back. The welded man staggered a few yards "anal" collapsedi against, a shop wiwlow, whilst his asgail-
ants sunde-off in the dirvetin of Morrison. Sírves A Chinese Police Sergrant, whe was on duty not very far way, rushed to the scene, sand found that the victim of the bentul attack was dying.
He was. however, able to faintly utter a few wordly in which he hits that a certain. Guild was responsible for the crime.
A
Immelately on receipt of the news at Central Polien Station all available polic were rushed to the scene, motor cars and rick-has being used for the purpose, cordon was drawn round a wide area sur- runding the district and a rigorous search of all Chinese was conductel, but despite the promptitude with which the Police acted the murderers managed to escape.
bonuser of the Wellington guard at the time with of the alleged offence, stated that at them about 1.5 pm in the morning he heard
n. rifle shoť. . Rushing ont of the guanl- room, he saw accused coming towards him from the direction of the latrines. His right hand was against the wall for assistance and in his left he had his rifle. Witness assisted him, and asked what had happened. Acensed said he It is worth mentioning that as the time shot himself in the foot. The medical of the murder this particular part of the orderly was called and attended him, and thoroughfare was thronged with people, he was later removed to the Military the murder having taken place at 11 pm Hospital. Lee.-Corp. Rigby went on to Right along the footpath in the vicinity a say that on examining the ride he found number of Chinese were sleeping and the murder must have been witnessed by one empty cartridge case in the chamber mu and the rifle he found that the weapon On examining the numbers op the boltinny Yet the utmost indifference to the was not Holstead's own property.
-Cross-examined by Mr. F. C. Jenkin (Counsel for the defeper), witness statul that it was quite easy to sell av much four lakhs, of shares within three days, and his firm had done it on a number of¦ occasions,
For the relearing the defence briefed counsel, Mr. F. C. Jenkin appearing on their behalf. The point at issue was simply what is the standard rent.
Mr. Jenkin's argument
was highly technical, and to the laymen somewhat difficult to follow. He explained that the unin point at issue was whether the 877 was, by virtue of the Ordinance, ricover- able in respect of a portion of the flour, when the rent of, the whole flour at the About three years. time of the subletting was only $37 per Mr. Jenkin's contention was
inensem
the
Mr. Jenkin: What experidhes have you had on the Hongkong share market
And as a result of that experieves that the key to the problem rested with you are able to say it is quite easy to sell "letting date." Four dates were nearly four lakhs of shares at a good specified in the Ordinance; they were,ries in a matter of a day or two? December 31st, 1920, unti-Blast December, 1920, post 31st December, and post com
Witness: Well we have done it before. mencement of the Ordinance, June 18th, Further cross-examined, witness said his 1923. To justify His Lordship in holding firm had done business with the Yik On that was recoverable in respect, of the portion of the floor, he would have to Bank before. He admitted that, in the
attempted to follow the murderers; let tragedy was shown. Apparently no one alone try to prevent their escape from justice. According to the information given to the police by one eye witness the stated at about age of two of the murderers
27 and 35 years respectively. The age of the third man ennot be stated. After the fugitives had reached Morrison Street, two of the man down Murrison Street towards Wing Lok Street and the other continual his fight along Queen's Road Central,
In reply to the Court, witness said he heard about three shots fired.
Sergeant Dutton, who was also on the scene shortly after the firing of the shots, said he found Holstend lying on a bed in the guardroom with three bullet holes in his right boot. In company with the guard commander he searched the latrinen and found three empty cartridge enses on the floor. He also noticed a freshly made hole in the concrete.
Captain Tomlinson, R.A.M.C.. said he ww accused in the surgical ward of the o'clock, and found he was suffering from Bowen Road Military Hospital about two two wounds of a trivial nature in his right
foot.
The Detectives were busy investigating the one all yesterday, but up to late in the afternoon no arrests hail been effected.
A BAD RECORD. accused dil you consider he was in a read a statement by the accused in miti
Lieut. Bailey: When you examined There was no defence, but Licut. Bailey normal state of mind 1-I didn't examine gation of punishment. It said: "The his mental condition.
reason I shot myself is as follows After Lieut. Baily explained to the Court serving 3 years in a reformatory school I that he was putting in a plea of insanity. went into civilian life to begin afresh. Captain D. Fettes, RA.M.C., said he All went well until early in 1019, when attended necused in hospital. The wit-1 was out of work and had no money to ness gave a description of the wounds spend. I robbed my parents of various ous nature. which he described as not being of a seri- things, and broke open the gas meter and then joined the army. My parents were Lieut. Bailey: Did you notice anything sent to prison for the breaking open of peculiar about accuser whilst he was the gas meter. This broke the health of under your care?-During the first week my mother, who has never been well he seemed depressed but not to any ap-since. It also preyed on my mind so that preciable extent.
at times I am hardly responsible. On the Lieut. Moore put in accused's state-day in question, as I was more depressed ment of character, which showed a pre- than usual over the matter, I shot myself. in this casu the Bank had in its favoarvious case of injuring himself with intent I was not in a normal state of mind when
admit doing it, I did not remember muen about it until just afterwards. I hope you will remember these things when passing sentence."
Sentence will be promulgated in dus
hold it was first let in May, 1023, past, when large wads of shares had been when it was, in fact. separately let " If the portion was not “first leg" within old by the firm within a few days, the the meaning of the Ordinance on that Bank which was the vendor was usually day, and was separately let," then the the purchaser, as well, and that in this 377 was not recoverable. Simply, coun- case the Yik On Bank was the vendor, sel's contention was that the floor and the shares had been paid for with whole was first let before, the Ordin auce existed, but the portion of the
one of their cheques. floor was actually "separately let" after of this description the right of hypothe Mr. Jenkin's lefence was that in a case the Ordinance came into force, and was cation, must be allowed. Before the bank therefore entitled to apportionment. That could exercise its right over these shares, apportionment could not be decided
it had to give the mortgagor reasonable *xnetly, because His Lordship had not at notice of sale Reasonable notico: bod in his disposal the machinery for the pur: the past, been allowed at two weeks, and poso; therefore they would have to call
sometimes more. All depended on the the rent 37 over . But though the true circumstances. It made no difference that rent by apportionment could not be decided in this case, they could divide
a document of hypothecation allowing to evade duty, a case of insubordination, I committed this offence. Although I what was the maximum nt which the ap them to sell without reference to the number of cases of being absent with portionment could work out, and that maximum was $37, the most which should borrower, who was the owner of the out leave, a sentence of 112 days by bo awarded. He admitted that judgment shares. The Bank had allowed him three Court Martial at Cairo for stealing from for that sum would not be very satisfac days only, although they had formerly a comrade, and a number of minor tory, but it would be considerably more agreed that month was reasonable
(Continued on uret column.), satisfactory than judgment for $77, a sum
notice in respect of a smaller amount. It more than double what should rightly be was on this that his whole caso rested. allowed. The plaintiff could not plead The defendant was then put into the that there had been structural alteration witness-box. He stated that three daya of a substantial description when the fat before the sale, Mr. Fung of the Yi Ốn was let in May, 1923, though there had Bank had come to hin and said that if been afterwards, and he thought this he did not redeem then the shares would was not disputed.
be sold in a few days time. Witness told him that if they were sold, and if the Counsel referred his Lordship to cases price rose after they were sold, he would of a similar description which had been sue for the difference. He also remarked settled by the learned Judges in Englandince they had the money they could by use of apportionment. He was aware devour him." Later, he saw that His Lordship was not bound by sestative of the Yat On Hank and asked Hanie decisions, but be thought he would him to advance witness money on 500 wish to decide by them if in so doing he Whampoa Dock shares, 1,400 Shanghai could carry out the objects of the Ordin Docks, and 4,000 Ewo Cottons. He was ance. If judgment were given for the told that he could have the money in plaintiff again, then, the aims of the Ordinance would he totally defeated, and about ten days time. He later told Mr. Fung that be had arranged to redeem the shares.
►
the Ordinance itself an absurdity.
Mr. Watson's reply was that appor tionment could not be applied in this case because there was no Ordinance in Hong- kbag to allow it, In England apportion- ment was provided for, but here things were different. Possibly that was an oversight on the part of the Legislatore, but nevertheless it was not in existence, and therefore could not be argued. By
a repre-
The case was adjourned till Wednesday,
THE APPROACHING TYPHOON.
:
The red typhoon cons was hoisted
the plain reading of the law the standard yesterday at liffin time and at 5 o'clock
in the afternoon this was taken down and
ent of this portion of the floor would have the black signal (No 2) was hoisted in to be 1877. It could not be otherwise,' And for his part, when the Legislators its place, which means that a gale is ex- drew up the Ordinance he did net think pected from the NW. or N.E they worried a great deal over this side typhoon was given as Lat. 21N. and Long. Early in the day the position of the of the question. Their sole intention was 123E., moving W.X.W., which is between to protect the tenants, and it people 400 and 800 miles to the East of Hong coming down from Canton and over kong. Later in the day the position was crowding the Colony had to pay a little given as Tat. 22N. and Long, 119E.. which more than tenants who had lived here all is about 300 miles to the direct East of their lives, then he did not think a great the Colony. The typhoon appears to be deal of harm was done. He submitted nioving North. that Mr. Jenkin' case could got bsup: During the afternoon the vesselsh -ported.
His Honour reserved judginent.
WOMAN RUNS AMOK. ATTACKS HER SMALL NEPHEW
A
WITH A CHOPPER.
young Chinese woman, aged 23 years, ran amok at. Tai Hang Village on Thurs day and attacked her small nephew aged
ed Kowloon Wharves, including the Empress of Australia, mavel into midstream in preparation for the blow, whilst the Star ferry hunts were running with their nwnings furled.
SPORT-
BASEBALL.
with "chopper, seriousIndy Recreation Club, in their Basebal, League
4-ybur
baby bout the head and
the little
The
The following will represent the Indian
match against the Hongkong Baschall nother who tried
and to protect Club to-day (Saturday), at Happy Valley, him was also injured hy severni glancing blows he was also bitten several times by commencing at 4.30 pan-Catcher, D. the infuriated on. The small boy Ismail; 1st Base, S. A. M. Bepher; 2nd was removed to hospital, torecher with B Bane, J. S. Currem; 3rd Baan, J. F mother, and his condition is said to be Ackher; Short Stop, As A. Rumjah; serious, there being little hope for his Pitcher, U. 3. Omar Right Field, 5. A recovery.The police secured the arrest of Ismail; Centre Field, N. B. Kitchell; and the womnil, who is regarded as insane.Left Field, RM. Omar,
offerces.
course.
BRITAIN'S "GOD-GIVEN HERITAGE,”
[
I have no hesitation in reiterating may conviction that. members of the Church of Christ ought everywhere to make their voices heard in support of our duty to safeguard for dear life the splendid tradi- tions which are ours as to the sacred heritage of the Lord's Day. `.
My own feeling is that a word of warning is gravely needed at this time, a word of warning to the whole country and to public bodies in particular, that if Sunday were to be given up chiefly to pleasure-seeking and if facilities for such pleasure-seeking were to be indefinitely multi- plied, the price would be deplorable."-Archbishop of Canterbury, ride Hongkong Daily Press, August 4th, 1923.]
V
“The Sabbath was made for man,” snake He,
The Man who was God divine,
And man shall the lord of the Sabbath be "
(And both of them, Lord, are Thing!) So man, in his moders, majestic pridę,
And scorn. of its high vocation, Would couple his lordship side by side
With that of the brute creation.
"Set free from the 'laws of eld," he cries, "From customs morose and grave,
'In innocent pleasure my soul shall rise!”—
(Set free to be Nature's slave!) My strenuous efforts of brain require The zest by amusement given,~~- Those musty restrictions only tire
A mind from such letters riven ??..
"What is it that pessimists gloomy say 1-
That much of her high estate" The glory of England owes to-day
To her Sabbath serene, sedate !---
So long as I give 'one hour at mora,
A whole hour put of my leisure,
What matters., the while, that ny thoughts must scorn'
All else but my coming pleasure!"
**We must, shut up our trading donci, théy 40%,
Ere the Christian Subbath commence,
But our recreating's trade may pag, Without question, its own expense,
And a man of wisdom was Cain, who onco
Said: Am I my brother's keeper
W
cares that the ignorant labourer, dunce"
Is serving the great soul-sleeper!"
If I, when my stunted ritual cad,
Rush over the day in sport,
Then none shall my freedom of soul offend
By narrow yrannical thought!"'
Oh God of the years Comp, haste to sway
The hearts of us, man and nation, Till the will of each soul is to live Thy Day
Refreshed by Thy re-creation 1 ".
-Hongkong, August 17th, 1922
GLADYS JACKSON,
THE HALL, MARK
LINCOLN BENNETTS HATS AER HAND-MADE THROUGH. OUT AND ONLY BEST MATERIALS ARE USED.
WE HAVE JUST RECEIVED A LARGE SELECTION OF
FELT- HATS, STRAW HATS," AND CAPS.
«OF EXCELLENCE.
LONDON FASHIONS IN MEN'S
HEADWEAR HAVE FOR OVER A
CENTURY BEEN CREATED BY-
LINCOLN BENNETT AND CO., LTD.
LANE, CRAWFORD, LTD.
SOLE AGENTS FÖR HONGKONG.
COTYS
Parisian Perfume Essences.
Emeraude,
Origan,
Ambre-Antique, Jasmin & Lilas, etc.
LANE, CRAWFORD, LTD.
DECCA" THE PORTABLE GRAMOPHONE
11 INCHES
SQUARE.
8. JNCHES
HIGH.
ANDERSON
2, QUEEN'S BUILDINGS.
WEIGHT
13 lbs.
DIFFERENT
MODELS.
TEL. C. 1ST.
Powell
TELEPHONE C. 346.
Itd.
CHILDREN'S OUTFITTING
ALWAYS A LARGE AND VARIED.
ASSORTMENT OF CHILDREN'S WEAR
CHILDREN'S SHOES
IN
WHITE BLACK. BROWN.
JUST RECEIVED.
4.5 0.
-SIZES